Requirements for Contract Modifications/Amendments

Requirements for Contract Modifications/Amendments

When a sponsor needs to modify or amend its sponsored school contract, sponsor may need to address specific areas in the agreement. These areas are listed below, along with some additional documents that are helpful to the Ohio Department of Education. As always, sponsors and community schools should consider consulting their legal counsels regarding amending or modifying their agreements. Sponsors must submit all documentation, via Epicenter, as a request for the Department to review and process. Detailed instructions for submitting these documents through Epicenter also are below. All contracts and modifications uploaded into Epicenter will be visible on the Department’s website. Upon the review of the modification/amendment, the Department will notify the sponsor and the school if there are any areas of concern that should be addressed.

Change of Name

The sponsor must submit the following:

The amendment or modification to the contract relating to the name change fully executed by both parties;

A copy of the school’s governing authority resolution approving the name change;

Adding an Annex

Note that an annex is a location on the same property or attached to the school (e.g., adding a modular unit or additional building). Those requesting to add an additional location must submit a Multiple Facilities Request, per ORC 3314.05.

The sponsor must submit the following:

The amendment or modification to the contract relating to the addition of an annex executed by both parties, if necessary. Please ensure that the amendment/modification describes the property. For example, describe the location of the modular unit (on the southeast corner of the school);

A copy of a signed and dated school governing authority resolution or board minutes verifying the addition of an annex to the building;

A copy of a signed and dated sponsor resolution or board minutes indicating agreement with the change;

The Sponsor Opening Assurances for the new annex (if it opens at least 10 business days prior to the school's opening coinciding with a new school year and prior to instructing students in the new annex, only one opening assurance is required. If it opens after the school year has begun and prior to instructing students in the annex, a new form is required);

A new safety plan for the additional space submitted within 10 days; and

Change of Location

The sponsor must submit the following:

The amendment or modification to the contract relating to the new location for the school executed by both parties. Please ensure that the agreement complies with ORC 3314.03(A)(9) and includes an addendum for the new facility;

A copy of the school’s governing authority resolution approving the change of location. The resolution should include the new address;

A copy of the sponsor governing authority resolution or board minutes;

Sponsor Opening Assurances for the new facility at least 10 business days prior to the school’s opening, if the facility change coincides with a new school year. If it opens after the school year has begun and prior to instructing students in the new facility, a new form is required;

Multiple Facilities Request (additional locations ORC 3314.05)

Requests for a community school to be in multiple locations under the same contract must adhere to requirements outlined in ORC 3314.05. Detailed guidance is in the Multiple Community School Facility guidance document on the Department’s website.

Academic Calendar/Hours

The sponsor must submit the following:

The amendment or modification to the contract relating to the changes, if necessary, based upon the agreement between the sponsor and the school. It must include the revised education plan and revised financial plan, if changes impact funding;

A copy of the sponsor approval and the school’s governing authority resolution approving the calendar or hours change; and

Adding Grade(s)

The sponsor must submit the following:

The amendment or modification to the contract relating to the changes, if necessary, based upon the agreement between the sponsor and the school. It must include the revised education plan and revised financial plan;

A copy of the sponsor approval or resolution and the school’s governing authority resolution approving the change; and

Enrollment Area

The sponsor must submit the following:

The amendment or modification to the contract relating to the changes, if necessary, based upon the agreement between the sponsor and the school. It must include the revised educational plan with modifications to the attendance area and admission lottery sections, as well as a revised financial plan if enrollment increases due to the change in enrollment area; and

A copy of the sponsor approval and the school’s governing authority resolution to change enrollment area.

Instructions for Submitting Contract Updates Through Epicenter

For each contract modification, the sponsor must submit the following documents to the Department using Epicenter.

The executed modification or amendment (using the Contract – Modification or Amendment submission type), which will be available to the public via the Department’s website after the assigned consultant has marked the submission as received.

To submit the modification or amendment in Epicenter:

Access Document Center.

Click on the Upload Submission button.

Select School from the Entity Type drop-down list.

Select Contract – Modification or Amendment from the Submission Type drop-down list. It is in the School Contract and Agreements section.

Click on the Select Entity…button.

Locate and select the appropriate school name. Click on the OK button.

Select Contract from the Revision of drop-down list. A second drop-down list will be displayed.

In the second Revision of drop-down list, select the most recent event date.

In the Submission tab, enter the modification or amendment date. This is the effective date of the modification or amendment.

Enter the Expiration Date of the contract. This date should match the date entered for the most recent contract.

Upload the appropriate document.

Click on the Submit button to submit the modification or amendment to the Department.

Resolutions, W-9 forms and any other required documentation associated with the modification or amendment should be uploaded as supporting documents using the Contract – Modification Supporting Documents submission type. The minimum required documentation for each contract modification reason is located above. The document(s) submitted under the Contract – Modification Supporting Documents submission type will NOT be posted on the Department’s website.

To submit the supporting documents in Epicenter:

Access Document Center.

Click on the Upload Submission button.

Select School from the Entity Type drop-down list.

Select Contract – Modification Supporting Documents from the Submission Type drop-down list. It is in the School Contract and Agreements section.

Click on the Select Entity… button.

Locate and select the appropriate school name. Click on the OK button.

Select Contract from the Revision of drop-down list. A second drop-down list will be displayed.

In the second Revision of drop-down list, select the most recent event date.

Upload the appropriate document(s).

Click on the Submit button to submit the supporting documentation to the Department.

A sponsor should contact its education program specialist in the Office of Community Schools for assistance.